New South Wales Consolidated Acts

CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999 - SECT 39

39 Powers of arrest

(1) A police officer or correctional officer may, with or without a warrant, arrest an inmate:

(a) who has contravened, or has manifested an intention to contravene, a condition of a local leave order, local leave permit, interstate leave permit or approval granted under section 255A, or

(b) whose local leave order, local leave permit, interstate leave permit or approval granted under section 255A has been revoked, or

(c) who has not returned to a correctional centre at the expiry of the period specified in a local leave order, local leave permit, interstate leave permit or approval granted under section 255A, or

(d) who has escaped from custody.

(2) A police officer who arrests an inmate under subsection (1):

(a) in the case of an inmate who has escaped from custody-is to take the inmate before an authorised officer to be dealt with according to law, or

(b) in any other case-is to convey the inmate to the nearest appropriate correctional centre.

(3) A correctional officer who arrests an inmate under subsection (1):

(a) in the case of an inmate who has escaped from custody-is to take the inmate to a police officer, or before an authorised officer to be dealt with according to law, or

(b) in any other case-is to convey the inmate to the nearest appropriate correctional centre.

(4) If an inmate is taken before an authorised officer under subsection (2) (a) or (3) (a), the authorised officer may, by warrant, commit the inmate to the custody of:

(a) the person from whose custody the inmate escaped, or

(b) a correctional centre to be held pending the return of the inmate to the custody of that person, or

(c) any other person with lawful authority to hold the inmate in custody.

(5) Subsection (4) does not limit the powers of an authorised officer to deal with an inmate according to law.

(6) A warrant under subsection (4) is sufficient authority:

(a) for any police officer or correctional officer to convey the inmate to the person specified in the warrant, or to the correctional centre specified in the warrant, and to deliver the inmate into the custody of that person or the general manager of that correctional centre, and

(b) for the general manager of the correctional centre to keep the inmate in his or her custody pending the person’s return to the custody of the person from whose custody the inmate escaped.

(7) In this section:
"authorised officer" has the same meaning as it has in the Law Enforcement (Powers and Responsibilities) Act 2002 .